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A BILL TO BE ENTITLED
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AN ACT
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relating to a photo identification requirement to use certain state |
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benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0911 to read as follows: |
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Sec. 531.0911. PHOTOGRAPH ON CERTAIN ELECTRONIC BENEFITS |
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TRANSFER CARDS. (a) In this section: |
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(1) "Financial assistance program" means the |
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financial assistance program established under Chapter 31, Human |
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Resources Code. |
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(2) "Photo identification" means a card or other |
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document that: |
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(A) is issued by a governmental entity that |
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identifies an individual; and |
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(B) displays a photograph of the individual |
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identified on the card or other document. |
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(3) "Recipient" means a person who receives benefits |
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under the financial assistance program or the supplemental |
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nutrition assistance program. |
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(4) "Supplemental nutrition assistance program" has |
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the meaning assigned by Section 33.051, Human Resources Code. |
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(b) The executive commissioner shall adopt rules to require |
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that a recipient, or other person authorized on the recipient's |
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account, for purposes of receiving benefits under the financial |
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assistance program or the supplemental nutrition assistance |
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program, be issued an electronic benefits transfer card that |
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displays the name and photograph of the recipient or other |
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authorized person, as applicable, if the recipient or other |
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authorized person, as applicable, does not otherwise possess photo |
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identification. |
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SECTION 2. Section 31.0355(b), Human Resources Code, is |
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amended to read as follows: |
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(b) If a recipient of financial assistance who receives the |
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assistance by electronic benefits transfer to an account is |
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authorized to make a cash withdrawal from the account through a |
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provider of the goods or services described by Subsection (a), the |
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recipient may make the cash withdrawal only: |
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(1) at the customer service department of the provider |
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and not at the provider's point-of-sale terminal; and |
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(2) after the recipient presents the provider with |
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photo identification in accordance with Section 31.0356. |
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SECTION 3. Subchapter B, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0356 to read as follows: |
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Sec. 31.0356. PHOTO IDENTIFICATION TO USE BENEFITS. (a) In |
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this section, "photo identification" has the meaning assigned by |
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Section 531.0911, Government Code. |
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(b) A provider of goods or services that are described by |
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Section 31.0355(a) may not allow a recipient of financial |
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assistance who receives the assistance by electronic benefits |
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transfer to an account, or other person authorized to use the |
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account to make purchases on behalf of the recipient, to use the |
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account to make a purchase or make a cash withdrawal from the |
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account through the provider unless the recipient or other person |
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presents photo identification verifying the person's identity as |
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the person authorized to use the account. |
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SECTION 4. Subchapter A, Chapter 33, Human Resources Code, |
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is amended by adding Section 33.0232 to read as follows: |
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Sec. 33.0232. PHOTO IDENTIFICATION TO USE BENEFITS. (a) In |
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this section, "photo identification" has the meaning assigned by |
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Section 531.0911, Government Code. |
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(b) A supplemental nutrition assistance program retailer |
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may not allow a recipient of program benefits who receives the |
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benefits by electronic benefits transfer to an account, or other |
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person authorized to use the account to make purchases on behalf of |
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the recipient, to use the account to make a purchase unless the |
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recipient or other person presents photo identification verifying |
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the person's identity as the person authorized to use the account. |
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SECTION 5. Not later than December 1, 2015, the executive |
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commissioner of the Health and Human Services Commission shall: |
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(1) adopt rules required under Section 531.0911, |
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Government Code, as added by this Act; and |
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(2) ensure the issuance of new electronic benefits |
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transfer cards to appropriate recipients under the financial |
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assistance program under Chapter 31, Human Resources Code, and the |
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supplemental nutrition assistance program under Chapter 33, Human |
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Resources Code, in accordance with Section 531.0911, Government |
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Code, as added by this Act. |
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SECTION 6. Notwithstanding Sections 31.0356 and 33.0232, |
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Human Resources Code, as added by this Act, a provider of goods or |
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services or a retailer, as applicable, may not require the user of |
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an electronic benefits transfer card to present photo |
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identification in accordance with those sections until December 1, |
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2015. |
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SECTION 7. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 8. This Act takes effect September 1, 2015. |